Welcome to Texas justice: You might beat the rap, but you won't beat the ride.

Monday, January 10, 2011

Texas' budget shortfall dwarfs corrections budgets

Comptroller Susan Combs issued her proclamation today regarding how much money Texas legislators have to spend in the next biennial budget: $72.2 billion, down from $87 billion in the last budget. But the real budget gap is bigger than the $14.8 billion difference between those numbers, because population growth and inflation means the state must spend more to provide services - particularly for education and healthcare. Also, smoke-and-mirrors tricks from past budgets eventually must be paid for (e.g., the $61 million owed to UTMB for prison healthcare services already provided). Bottom line, according to those who estimate such things, if Texas continued spending at current levels, adjusted upward to pay for those (not really optional) services, the budget would reach $99 billion.

So we're basically $15 billion short (with a big, fat, capital "B") if you consider the baseline what was spent in the last budget; $27 billion short if you account for population growth and inflation. (Ross Ramsey at the Texas Tribune walks through all this in more detail, for those interested.)

What does this mean for policing and corrections? IMO it means prison downsizing inevitably must be on the table, and probably scaling back grants for border security, and maybe even the number of DPS troopers. Criminal justice is one of the only areas where it's even possible to outline how sizable cuts could be managed. On healthcare, education and transportation, most large cuts have potential to seriously backfire in fairly obvious ways. Health costs would be shifted to local emergency rooms. School property taxes would rise and/or the quality of education would decline. Meanwhile, traffic (and voters) would snarl inexorably as more and more people drive on roads built for a less populous state. Only on criminal justice is there a proven model for cutting costs safely.

Perhaps overall spending growth could be cut at the margins, but measuring spending requirements by the last budget is probably unrealistic. There are benefits to population growth - like four new congressional seats and expanded consumer demand that's kept our economy afloat - but it's not free to provide transportation and healthcare infrastructure for all those folks, schools for their kids, etc.. The gap may not be $27 billion, but it's up there in the 20s, no doubt.

In the last round of budget cuts directed by legislative leadership, the Department of Criminal Justice was asked to shoulder 15% - or $75 million - of a proposed half billion in cuts. If TDCJ must shoulder 15% of the cuts required in the new budget, taking legislators at their word (for now) that they won't raise taxes, that means the agency will be required to cut between $2.25 - $4 billion out of a two-year budget that's currently at $6.1 billion.

Indeed, if you zeroed out budgets for TDCJ ($6.1 billion), DPS ($1.7 billion), retirement and healthcare benefits for all Article V public safety employees ($1 billion), and eliminated the Youth Commission ($455 million), you'd still be $5.5 billion short of the smaller, probably unrealistic $14.8 billion deficit figure (though you could get the rest of the way by spending the "Rainy Day Fund"). Mind boggling! Clearly the bulk of budget solutions must come in the realm of education and healthcare - we're not going to eliminate the state's criminal justice system, and even if we did it simply wouldn't be enough. (Agency budget data from the Comptroller's Texas Budget Source.)

IMO, however, the justice system can and should be a source of significant savings. For too many years it's sprawled and expanded at every turn, with money seemingly never an object. As detailed on this blog many times, it's not difficult to envision a handful of basic policy changes that would depopulate TDCJ enough to close perhaps 6 to 10 of their 112 units in the near term, shifting resources to (much cheaper) community supervision and front-end diversion to compensate for reduced incarceration. TDCJ so far has refused to consider such options, but if they must come up with $2-4 billion in cuts, or anything remotely close to that, Grits' purportedly radical suggestions will begin to appear minimalist.

Some people say it can't happen, that Texas will never close a prison. After all, it's never happened before. By the same token, the White Queen in Through the Looking Glass famously boasted she was able to believe "six impossible things before breakfast." By the time the Texas Legislature finishes slashing the budget during the 82nd session, I predict legislators will come to believe many more than six things that seemed "impossible" just a couple of months ago during election season. That's why I remain optimistic that the budget crunch can motivate legislators to scale back the state corrections system - which today oversees 1 in 22 Texas adults in prison, in jail, on probation, or on parole - in ways that sound arguments from policy wonks or reform advocates could otherwise never accomplish.

RELATED: Let me know in the reader poll in the sidebar how many, if any, prisons you think the 82nd Texas Legislature will close as a result of the budget crunch.

It's time this country seriously reconsiders the role of government especially as it relates to educational and healthcare. In all seriousness, this idea of free education and free indigent health care only came about in the last hundred years. People no longer feel like they have any real financial stake in these efforts anymore and that has led to all sorts of wasteful spending. It is government's responsibility to protect us from bad people. Education and healthcare are individual responsibilities. Changing this mindset may seem painful or extreme, but it may ultimately save this country from financial ruin.

Since when has free health care and education been a good idea. Most of this money spent is wasted. Eaten up by health insurance companies, large hospitals and spent on children who have little motivation for education and no family support. As a Hispanic I am sad to say in the Mexican immigrant population little emphasis is placed on education, a mindset that government can not change.

As for corrections, misdemeanor drug inmates should be released from prison. That in turn will allow for closure of at least a dozen units.

I am not for decreasing DPS, as the population of this State continues to grow especially in rural and border areas we need trained professional law enforcement. Many of the officers and deputies who work at these small departments are a laughing joke. Talk about rampant corruption, hillbilly and good ole'boy policing. I can name a few county sherriff offices that need a federal or Texas Ranger investigation. First and foremost is Culberson County (Van Horn, TX).

I'll never understand the alarmist projections of billions more than the actual numbers-in this case we went from as much as 27-28 billion down to 15. But this kind of shock and awe tends to influence voters and politicians to overreact by closing prisons, shutting down the good reformative programs and prohibiting any exploration of things that work. I would close some prisons, too. But I'd take a damn hard look at offsetting those savings by compensating those unappreciated employees to a pay more than the minimum wage they get now. They wouldn't have to qualify for welfare and sell cell phones on the side. That job is one of the most dangerous and underpaid CJ jobs a person can hope for. Build the people and the castle will build itself. An institution that is good, flexible and professional should garner a significant investment. There are plenty of examples to go by. But this whole mantra about the shortfall being almost twice of what it really is? That's hoping fatalistic and irresponsible thinking by a large group of people trying to influence an agenda. Nothing personal, Scott and I apologize if this comes across the wrong way. But I'm sick of the "demon fire and damnation" if we don't change our ways. Change can be done without the scare tactics.

I agree with Don...maybe 1 state prison and a private one. I keep hearing that TDCJ (prisons) make beaucoup money with their slave labor. Anyone have any figures on that and is that one of the reasons they don't want to close any?

There IS another way to look at this.Suppose we closed all prisons and half of the former inmates earned an income and shopped for essentials within their communities.Of course we will not close all of the prisons and I doubt anyone would want to but is there any other sector that we are 100% financially responsible for that could be support themselves and possible a few family members?

Jeff, it's not as odd as you make out and not just scare tactics. The budget goes up because of population growth, inflation (particularly health and fuel) and because of the recession, when more people access government services. Assuming the baseline is just automatically the same as last session when there are more kids to educate, more people on Medicaid, etc. isn't intellectually honest or realistic. It's not just a scare tactic - the elections are over and governance requires actually addressing these issues. Shortchange those programs and it will cause on-the-ground problems and unfunded mandates for cities and counties. It's true.

To those who want to abolish public education - cut it at the state level and local property taxes go up, no two ways about it. You may wish education were privatized, but a) that's not happening before May and b) the public doesn't agree, believing education is the main priority that shouldn't be cut.

Texas close even ONE prison?? WHEN HELL FREEZES OVER !!! (I'm not shouting, only emphasizing my point)Close down the schools, the mental health programs, health care, public transportation (on which I rely), Lonestar (food stamps), everything. But not ONE prison !! Lock 'em up, lock 'em up, throw away the key !!! I wanna be safe !! (Sarcasm is one of my better attributes.)

Grits says "The budget goes up because of population growth,..." Liberals typically roll out this argument to justify increases in social spending, higher taxes, etc.. What I don't understand is how you, at the same time, can argue that there will not eventually be a corresponding need for prison bed space. Regardless of the fact that crime rates may, at times, seem to be dropping. If the population continues to grow there will always be a need for additional prison beds. Just like you'll eventually need more roads, more school teachers, and so on. Given the fact that the criminal justice budget is such a miniscule portion of the state budget already, it seems to me that we should at least maintain the status quo in anticipation of a time when we will eventually need MORE prisons. If we cut back now, we'll simply be playing "catch up" when the population growth dictates increased prison space.

So the Legislature had the foresight to get "ahead of the curve" on prison expansion in anticipation of a population boom and this is a bad thing? C'mon Grits. Why don't you just admit that your real agenda in wanting TDCJ to contract is simply a desire to not incarcerate as many people and keep as many criminals on the street as possible? When will you bleeding hearts finally give up on this naive notion that we can just "love" and "understand" all of these criminals back into reformation? Please.

I'm an admitted bleeding heart, and I am sick and tired of red meat neoconservatives' compete mismanagement of our state and national finances.Remember who put this nation in a ditch! Cut public education and deny indigent health care? Fine, but only if we as a society are willing to watch thousands of real people die for lack of care like some 3rd world country. Not a pretty sight. Education? How exactly does this country compete in a global economy with an ignorant population? There is a valid reason we have chosen free public education- it allows us to tap the talents of millions of otherwise missed people.

Prisons? How about some common sense there. Knee jerk right-wingers always claim we'll be awash in "dangerous criminals". Yet we lock up tens of thousands of people who could be punished and handled at far lesser costs, without any danger to the rest of us. This scare tactic of the right is that every single prisoner is some crazed murderer rapist out to wreak havoc, when in fact most are drug users caught up in the failed "War on Drugs" (which conservatives are always willing to throw more billions at, despite the fact it has been a complete failure over 40 years!)

Maybe it's schadenfreude, but I'm laughing at all the "conservatives" who turned a blind eye to the fiscal misconduct of their own for years, then reelected a man who trotted around this state claiming we had billions in surplus (only to suddenly "discover" we are deeply in debt and trouble). But god forbid the Leg think of cutting "my" services, shutting "my" school. blah blah. You are about to reap what you have sown. Enjoy it.

TDCJ should look at who's locked up Sex offenders who have been paroled must take an 18 month offenders course before they are released. Because there is a long waiting line for this "treatment" program, some have waited 3 years after being paroled to get out. After release they also have to have a "treatment" program. So taxpayers support them long after they are eligible for release. Oh and while they are at it, look at Rick Perry's $10,000 a month rent.

10:48 If folks like you could find it within yourselves to suspend the "liberal" vs. "conservative" labels for everything from prisons to buttermilk, we might could have real conversations. It wasn't that the Texas Legislature had the "foresight" to overbuild prisons, anticipating growth. In the 90's prison building boom, they were catering to their constituencies, who wanted prisons to bolster local economies. (Not that they did that much, but people thought they did. Couple that with Texas' historical penchant for locking everybody and their uncle up, "tuff on crime" politicians, drug war hysteria, and you've built yourself an outsize prison-industrial complex, that just keeps feeding on itself. Your accusations toward Scott hold no water, and are frankly silly. There is no evidence, in any blog that he ever wrote, that he has a "desire to keep as many criminals on the street as possible". Admittedly, I think he would like it if they let a few more innocent ones out on the street. Ok, I took your bait. Now go troll somewhere else awhile, why don'cha? You betcha.

Let's face it...they all Suck. Dem's & Rep's have both spent money like it is growing on trees. To try and pin it on one side or the other is just plain ignorance and/or unwillingness to face the facts.

What is the answer. Not sure, but I think term limits would be a heckuva start.

Whoever originally started the Prisons for Profit System in the US was brilliant and had great insight into the mostly barbaric human condition. All one need do is: 1) Start to yell "law and order", "criminals are running rampant", and other vague, greatly exaggerated claims, 2) Institute draconian laws and sentences, and 3) Nurture the natural sadistic tendencies in law enforcement, prosecutors and the general public.4) Step back and laugh while the money rolls in and the "little people" tear each other to shreds.Way to go! Welcome to the United States of Prisons.

You want to witness cruel and barbaric treatment just look at the women’s prisons in Gatesville. There are more humane prisons in the jungles and deserts of third world countries. Where women are locked into shower rooms handcuffed to shower heads (torture by intentional treaties this country signed) or victims of sexual abuse and violence striped searched several times a day while a flash light is shined up their genital cavities. How can we lecture other countries on acceptable human rights behavior when we have no understanding of it at all?

Gatesville is the birthplace of state sponsored child abuse now managed by tyc. According to the book Texas Tough it was one of the first parcels of land the state purchased when the prison officials learned how much more profitable farming could be if they did it themselves. Gatesville is a place where the state of Texas has been nurturing the sadistic side of human nature for generations. When the Feds basically told the towns people they couldn’t abuse children anymore they brought in woman to abuse. The whole aria of Gatesville has a generational curse of abusing woman and children. Spiritually minded folks can since the evil that lurks almost as soon as you role into that valley. Slave labor put that town on the map and the blood of the children enslaved there cry out from unmarked graves. One of “the little boys”

I love these "bloated govt" whiners. Politicians spend money "like it grows on trees"? Well, first off, if the average citizen you bother to be minimally informed about the issues, then special interests with money to grab would have opposition. But no, they're too lazy and uninformed to bother, leaving the field to special interests. So either get involved or shut up! 2nd, pols spend money of their districts to help stay in office. "Wasteful spending" is always somebody else's pet project, not "ours" "Ours" is always necessary, prudent, and good for the community. 3rd, "bloated govt" provides all those "wasteful" programs like food inspections, safety rules for products, stopping environmental pollution that harms real people, etc, etc. "They" always want to cut "bloated govt", but "they" also scream the loudest when that bloated govt fails to protect them. As always, "waste"means cutting services for the poorest of us, cutting our already pathetic education system (while "they" whine about our horrible public school and push for private ones). Well, Texas has always been beyond stingy in its programs for the poor. Where do these cuts end? Young people from a car accident dying because the ER would not accept them without money up front? That's all fine, until...it's YOUR brother's 20yo who's dying. Then just let the screaming begin! This happened back in the '60's and 70's. All of a sudden, because of draconian antipot laws, middle class kids were going to prison- where they got to be raped, beaten, and denied real medical care. All of a sudden there was a hue and cry for prison reform. Didn't care when it was just "those people", but when it was some of their own..."OH MY!! How can this be????"

DEWEY said...Texas close even ONE prison?? WHEN HELL FREEZES OVER !!! (I'm not shouting, only emphasizing my point)Close down the schools, the mental health programs, health care, public transportation (on which I rely), Lonestar (food stamps), everything. But not ONE prison !! Lock 'em up, lock 'em up, throw away the key !!! I wanna be safe !! (Sarcasm is one of my better attributes.)

1/11/2011 06:17:00 AM---------------------------------ABSOLUTELY AGREE! WE ARE LIGHT-YEARS AWAY FROM EVEN THE REAL THOUGHT OF CLOSING A PRISON! BEG, BORROW, STEAL MONEY FROM SOMEWHERE ELSE BUT TEXAS WILL NOT CLOSE A PRISON!

Gritsforbreakfast said...8:57, the difference is we've already massively overbuilt prisons compared to population growth over the last 30 years.

And it's not just liberals saying so, but just about any reasonable person who looks at it. Go ask the folks at the Texas Public Policy Foundation and they'll tell you the same thing.

1/11/2011 09:09:00 AM-----------------------------------SCOTT, I REMAIN FASCINATED THAT YOU CAN APPLY THE WORD "REASONABLE" AND "PERSON" IN REFERENCE TO ANYTHING HAVING TO DO WITH THE TEXAS LEGISLATURE.

WAS IT REASONABLE TO SELL US A TOUGH ON CRIME BULLSHIT LINE THAT BUILT 112 PRISONS?

IS IT REASONABLE TO KEEP CREATING FELONIES FASTER THAN MCDONALDS MAKES CHEESEBURGERS TO KEEP EM FILLED?

THERE IS NOTHING REASONABLE ABOUT AUSTIN. POLITICAL POSTURING, LIES AND INANE RANTS ABOUT "KEEPING US SAFE" BUT THIS STATES LOVE AFFAIR AND INSANITY WHEN IT COMES TO PRISONS IS ANYTHING BUT REASONABLE!

12:29, I have worked in emergency rooms all over this state and NOT ONCE HAVE any of those emergency rooms EVER refused treatment for any individual that was in an accident and severely injured. They do not require money up front for a true emergency. You should get your facts straight and have a little sense about what you are talking about before you speak. If you don't know what you are talking about then shutup.

You are right as soon as you hit that valley in Gatesville you can feel the evil all around you and see it in the faces of the people who both work and live there. It is both generational and has been passed down in their genes.

He actually makes sense with wanting to close some of the units. One you should release a lot of the non violent seventy and eighty year olds that are locked up. Make their families pay for the cost of medical treatment they need. Also release non violent first time drug offenders. Give them treatment programs on the outside. This will the 5000 to 10000 beds needed to close 5 to 10 units.

as far as prisons and or budget problems are concerned...someone should kick the ass of the parole board and get them to move quicker on rehabilitation and releasing of only the non-violent, non-gang related low level drug offenders! my friend sitting in the Smith Unit for 4 months since being paroled with the condition of a 6mth rehab in a TDC rehab facility. it's been reported on several occasions that several of the rehab facilities are very underutilized with many empty beds? the parole people told him he will most likely be assigned to rehab in April 2011....only 8 months after the fact!! gee, i wonder just how much that delay is costing the taxpayers?? considering that rehab is a fraction of the cost to keep him in a prison it would be safe to assume it's LOTS OF $$$$. well, multiply that by thousands of mostly low level and nonviolent/nongangster felony inmates and it most likely equals MILLIONS!!! maybe somebody needs to get Ms.Owens out of her position and get someone in there knows what they're doing instead of following their own political and ideological personal agenda!!

also, counties that refuse to utilize proven and effective criminal drug and alcohol diversion programs should be charged back for the entire costs of TDCJ incarceration of inmates with low level non-violent/non-gangster felony drug/DUI misdemeanor and felony offenses. diversion programs should also be required for the non-violent mentally ill drug and alcohol abusers also...FORCE THE COUNTIES TO UTILIZE THESE MUCH CHEAPER ALTERNATIVES TO TDC PRISONS!

Elmas Mallo-the last Texas Hero says-I am convinced that the Texas Budget fiasco is a political ploy by Governor Perry and his croony Budget manager to get Governor Perry in the White House...or another lifetime in office cause i now believe it alwasy has been one bright WHITE SHINING LIE told to Texas as an election manuver to get votes-Governor Perry is out of touch with reality...took long in office...if it were true they would use the rainy day fund...

1)When offenders are sentenced to state prison they should do the time they were sentenced to. If you go to Federal prison, you do the entire time, no parole. If you want offenders to get out sooner, then the sentences given by the judges should be shorter but then aren't sentences based on law? 2) Managed health care in prisons is good care based on what monies we have to provide that care. Actually offenders receive better care than employees who have to go pay for the care in a freeworld setting. Because it costs us employees so much to go, we try to avoid going to the doctor unless absolutely necessary and we sure try to avoid emergency rooms because of the high fee we're charged just to use it. Offenders are supposed to pay $3 a visit but there are always ways around this charge and then offenders and family complain if charged. Offenders can buy over-the-counter meds from the commissary, but they don't because why buy it when you can get it for free. Guess they ought to see how much they would have to pay if they were in the freeworld with no insurance and had to buy their own meds. 3) Programs such as reentry, vocational trades,& education are needed in prison. Offenders who have been for any length of time have no idea how to go about getting a job or training for one if they hadn't had the means in prison to improve their lives. A GED earned in prison, a vocation trade learned in prison and Reentry services guiding offenders on how to become a responsible member of society and prevent recidivism is a great need. 4) RIF'ing employees only adds to the unemployment books and who do you think pays for their unemployment? 5) Cut out the high paid supervisors and I'm not talking about the ones directly over staff. Why can't people at the top of the chain talk to the people at the bottom (the employees) and tell them what is needed? You may need one supervisor, but why do you need 3 or 4 up the ladder? 6) Get the governor a smaller more affordable home. It should not have taken 2 years and delays to finish this house up. If so, they shouldn't have started in the first place. Somebody is paying for delays! 7) No way does it cost $10,000 a month for a home. You've saved the state a lot by down sizing! 8) I still haven't seen anything in the works about taking back pay raises that were given to certain people and everybody else may have to take a huge cut by losing their jobs. 9) I also didn't see anything in the plan for the LB to take any type of pay cut. Come on, if its fair to the tax payers and employees of the Great State Of Texas - then it should be for ALL employees, including the LB. 10) I think I'm done for now.

Southern, daily and good for you

Grits for Breakfast looks at the Texas criminal justice system, with a little politics and whatever
else suits the author's fancy thrown in. All opinions are my own. The facts belong to everybody. Who is this guy?

"I always tell people interested in these issues that your blog is the most important news source, and have had high-ranking corrections officials tell me they read it regularly."

- Scott Medlock, Texas Civil Rights Project

"a helluva blog"

- Solomon Moore, NY Times criminal justice correspondent

"Congrats on building one of the most read and important blogs on a specific policy area that I've ever seen"

- Donald Lee, Texas Conference of Urban Counties

GFB "is a fact-packed, trustworthy reporter of the weirdness that makes up corrections and criminal law in the Lone Star State" and has "shown more naked emperors than Hans Christian Andersen ever did."

-Attorney Bob Mabry, Woodlands

"Grits really shows the potential of a single-state focused criminal law blog"

- Corey Yung, Sex Crimes Blog

"I regard Grits for Breakfast as one of the most welcome and helpful vehicles we elected officials have for understanding the problems and their solutions."

Tommy Adkisson,Bexar County Commissioner

"dude really has a pragmatic approach to crime fighting, almost like he’s some kind of statistics superhero"